My wife was in a Car Accident on March 15, 2011 in Sun City West, Az. The other driver was in the wrong. The medical bills were approxamately $5,000. State Farm, the other driver's insurer, offered to cover these bills and also offered $3,000 for pain and suffering. Both the medical and pain and suffering offer are one agreement which both my wife and I have to sign.I do not know what the long term consequences of the accident might be and therefore am not willing to sign off the pain and suffering for anything at this point.Can we force State Farm to just pay the medical expenses?
State/Country relating to question: Canada
Advising State Farm that we were not interested in sugning off on the pain and suffering.
Thank you for your question.Unfortunately you cannot simply get them to sign for just the medical fees. Under US law when a settlement takes place, it should incorporate all current and future injury, and why you may want to consider estimating what, if any, would be the future injuries that this person may have caused. A good rule of thumb is that your pain and suffering should be 3 to 5 times your medical bills, so that means that you can simply demand a larger amount from the insurer--you may possibly demand $10,000 by stating that by accepting that amount, you will absolve them from future injuries. US law puts a cut-off on injury after the statutory period, which means that after a period of time you would not be able to sue the insurer or the driver anyway (Arizona has a 2 year statute of limitations on personal injury claims). You have to decide for yourself as to whether you will obtain counsel and pursue them for more, attempt to negotiate yourself, or accept the current offer. The insurer will not offer to pay solely medical bills because they want to also be absolved from future claims.Good luck.Dimitry Alexander Kaplun40757.8646991551
I provide basic personal injury advice to my clients in my own practice.
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